Next Chapter Living – Terms and Conditions

Please Read These Terms and Conditions Carefully.

By accessing or using the Next Chapter Living website and services (collectively, the "Platform"), you agree to be bound by these Terms and Conditions ("Terms"). These Terms constitute a legally binding agreement between you and Next Chapter Living, LLC ("Next Chapter Living," "we," or "us"). If you do not agree with any part of these Terms, you must not use the Platform.

1. Acceptance of Terms And Eligibility

• Acceptance: Your use of the Platform (including merely browsing our listings or creating an account) constitutes your acceptance of these Terms without modification, as well as ourPrivacy Policy (incorporated by reference). By using the Platform, you confirm that you have read and understood these Terms and agree to abide by them.
• Modifications to Terms: Next Chapter Living may modify these Terms at any time in our sole discretion by posting the revised Terms on our website. Changes take effect immediately upon posting. It is your responsibility to review these Terms periodically. Your continued use of the Platform after changes are posted will constitute acceptance of the revised Terms.
• Eligibility: The Platform is intended for use by individuals 18 years of age or older (or the age of legal majority in your jurisdiction). By using the Platform, you represent and warrant that you are at least 18 years old and are legally able to form a binding contract. Persons under 18 are not permitted to use or register on the Platform. You also represent that you have not been previously suspended or removed from our Platform and that your use complies with all applicable laws.

2. Our Services And Role

• Marketplace Platform: Next Chapter Living provides an online marketplace that enables seniors, their families, and caregivers ("Consumers") to search for and connect with senior living facilities and service providers ("Facilities") through searchable listings, profiles, and communication tools. We do not charge Consumers for basic use of the Platform; it is free for families to search and inquire. Facilities pay subscription fees to list their communities and services on our Platform, as described in Section 5, and in return may receive inquiries from interested Consumers.
• Nature of Service - Not an Agent or Broker: Next Chapter Living is not a senior living provider, broker, or agent for any party. We do not own or operate any senior housing facilities. Our Platform is an information and lead generating platform only. We do not endorse or recommend any particular Facility, and we do not evaluate or guarantee the quality, suitability, licensing, qualifications, or credentials of any Facility listed on our site. Any decision to contact or engage with a Facility is entirely at the discretion and risk of the Consumer. You acknowledge that Facilities are solely responsible for services or care they provide to you, and that Next Chapter Living is not liable for any losses or harm arising from your interactions with or use of a Facility's services (except where required by law). You agree to independently investigate and exercise your own judgment (and seek professional or expert advice where appropriate) before deciding on any senior living option.
• No Professional or Medical Advice: All information, content, and materials available through Next Chapter Living are provided for general informational purposes to assist in senior living decisions. We do not provide medical, legal, financial, or professional advice, diagnoses, or assessments. The Platform and our Services are not a substitute for professional consultation with appropriate healthcare, financial, or legal professionals. You should obtain advice from qualified professionals and not rely on any information on this site as professional advice. Next Chapter Living expressly disclaims any liability for actions taken by you in reliance on informational content on the Platform or communications with us or any Facility.
• No Guarantee of Outcomes: Using our Platform does not guarantee that you will be placed in or accepted by any Facility, or that any Facility will satisfy your specific requirements. Next Chapter Living does not guarantee availability, pricing, fees, rates, or any specific outcomes in connection with any Facility or service. Any agreements or arrangements for senior housing or care are solely between you and the Facility; Next Chapter Living is not a party to those agreements and does not oversee their fulfillment. By using our service, you agree that we are not responsible for the quality of any care or services provided by a Facility you engage, and you waive any claim against usarising from the quality or provision of a Facility’s products or services.

3. Participating Senior Living Facilities

• Facility Responsibility: Each senior living facility, community, or service provider that maintains a listing or profile on Next Chapter Living ("Participating Facility") is solely responsible for all aspects of the services and care it provides to residents or customers. This includes, without limitation, evaluating prospective residents, accepting or declining admissions, providing care and supervision, ensuring staff qualifications and training, maintaining facilities, and complying with all applicable licensure and safety requirements. Next Chapter Living does not oversee or control the operations of any Participating Facility. We do not conduct background checks or diligence on Facilities' staff or management, and we do not validate that a Facility is in compliance with health, safety, or legal standards — those obligations belong entirely to the Facility.
• Facility Listing Content:Facilities are solely responsible for the content and accuracy of the information they post on our Platform. This includes all descriptions, photographs, videos, virtual tours, pricing information, availability data, amenities, reviews, responses, and any other materials provided by or on behalf of a Facility ("Facility Content"). Next Chapter Living does not verify or guarantee the truthfulness or completeness of Facility Content. The inclusion of any Facility or any Facility Content on our Platform does not represent an endorsement or approval by Next Chapter Living of that Facility. You acknowledge that information on Facility listings may be inaccurate, incomplete, out-of-date, or misleading, despite our efforts to encourage accuracy. We do not ensure the accuracy of information posted by any Facility and assume no responsibility or liability for any actions taken by users in reliance on such information. Use of the Platform and reliance on any Facility Content is at your own risk on our Platform. This includes all descriptions, photographs, videos, virtual tours, pricing information, availability data, amenities, reviews, responses, and any other materials provided by or on behalf of a Facility ("Facility Content"). Next Chapter Living does not verify or guarantee the truthfulness or completeness of Facility Content. The inclusion of any Facility or any Facility Content on our Platform does not represent an endorsement or approval by Next Chapter Living of that Facility. You acknowledge that information on Facility listings may be inaccurate, incomplete, out-of-date, or misleading, despite our efforts to encourage accuracy. We do not ensure the accuracy of information posted by any Facility and assume no responsibility or liability for any actions taken by users in reliance on such information. Use of the Platform and reliance on any Facility Content is at your own risk.
• No Affiliation: Nothing in our Platform is intended to indicate that Next Chapter Living is affiliated with, or has endorsed, any Facility. We do not independently judge the quality of any Facility, nor do we make any guarantees about a Facility's suitability for your needs. Next Chapter Living does not broker or arrange placements; the decision to admit or contract with a resident is made solely between the Facility and the Consumer or their family. We are not an agent for you or any Facility, and we do not act on behalf of either party in any transaction. Any commercial relationship that may arise between a Consumer and a Facility (such as a residency agreement or service contract) is strictly between those parties — Next Chapter Living is not a party to, and bears no liability for, any such agreements or dealings.
• Facility Uploaded Media: All media content (e.g., photographs, videos, floor plans) and informational materials in a Facility's listing are provided by the Facility. By uploading or providing any content to our Platform, the Facility grants Next Chapter Living a non-exclusive, worldwide, royalty-free license to use, copy, display, distribute, and publish that content in connection with operating and marketing our Platform and the Facility's listing. The Facility represents and warrants that it owns or has obtained all necessary rightsto the content it provides and that such content does not infringe or violate the rights of any third party (including intellectual property, privacy, or publicity rights). Facilities are fully responsible for the content they provide,and they agree to indemnify Next Chapter Living for any third-party claims arising from content they submit, including claims that such content infringes another's rights. Next Chapter Living does not assume any ownership of Facility Content and all proprietary rights in such content remain with the Facility or its licensors, subject to the license granted to us.

4. User Accounts And Conduct

• Account Registration: Certain features of the Platform (such as saving favorite facilities, sending messages, tour booking, writing reviews, or managing a Facility listing) require you to create a user account. When registering, you agree to provide truthful, accurate, current, and complete information about yourself or your business (for Facilities) as prompted by our registration forms. You also agree to update your information as needed to maintain its accuracy and completeness. If you are registering on behalf of a Facility (as an employee or owner), you represent that you have authority to bind the Facility to these Terms.
• Account Security: You are responsible for safeguarding your account credentials. You must keep your username, password, and any other security information confidential and not share them with any unauthorized person. You agree to notify us immediately at support@nextchapterliving.com of any known or suspected unauthorized use of your account or any security breach. You are solely responsible for all activities that occur under your account, whether or not you authorized them. Use particular caution when accessing your account from public or shared devices so that others cannot view or record your credentials.
• User Conduct Requirements: By using our Platform, you agree not to engage in any unlawful, fraudulent, or inappropriate conduct. This includes refraining from: (a) posting or transmitting any content that is illegal, defamatory, harassing, obscene, vulgar, or otherwise objectionable; (b) infringing any third party's rights or violating any intellectual property laws; (c) using the Platform to distribute spam or unsolicited commercial messages; (d) attempting to interfere with the proper working of the Platform or any user's enjoyment of it (such as by hacking, introducing malware, or bypassing security measures); or (e) impersonating any person or entity or misrepresenting your affiliation. You are solely responsible for your own communications and content and the consequences of sharing them. We reserve the right (but have no obligation) to monitor user activity and content on the Platform and to investigate or take appropriate action against anyone who, in our sole judgment, violates these terms or is otherwise objectionable.
• Generated Content: Certain areas of the Platform may allow users to submit content such as ratings, reviews, comments, messages, questions, and other information ("User Content"). By submitting User Content, you grant Next Chapter Living an irrevocable, perpetual, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to copy, modify, distribute, display, and otherwise exploit that content in any manner consistent with the Platform or the promotion of our services. You retain ownershipof your User Content, subject to this license. You represent and warrant that you own or have all necessary rights to the User Content you post and that sharing your User Content on the Platform does not violate any law or infringe any rights of any third party. You further waive any moral rights or attribution in the content you submit, to the extent permitted by law.
• User Content Standards and Moderation: Next Chapter Living is not responsible for User Content posted by any users, whether Consumers or Facilities, and does not guarantee the truthfulness or quality of User Content. You understand that by using the Platform, you may encounter content from others that is inaccurate, misleading, offensive, and you agree thatwe are not liable for any harm or losses arising from exposure to such content. Although we have no obligation to pre-screen or monitor User Content, we reserve the right to remove or edit User Content at our discretion if we believe it violates these Terms or is otherwise objectionable. This may be done without prior notice. We also may disable or restrict your account if you repeatedly violate content standards. You are solely responsible for any legal consequences of posting it. Next Chapter Living disclaims all liability in connection with User Content, and you agree not to hold us responsible for content provided by any user or third party. If you believe any User Content on our Platform violates your rights or our policies, you may report it to us using the contact information at the end of these Terms.
• Account Termination by You: You may terminate your user account at any time if you no longer wish to use our Platform. Consumers may do so by contacting support or using any account deletion feature provided. Facility subscribers should refer to Section 5 regarding subscription cancellation. Please note that no refunds will be provided for any subscription fees already paid if you terminate your account (see Section 5 on Subscription terms). Even after an account is terminated, certain User Content (for example, reviews or communications you provided) may remain on the Platform in our discretion unless you specifically request removal and such removal is consistent with our Privacy Policy or applicable law.
• Suspension or Termination by Us: Next Chapter Living reserves the right to suspend or terminate your access to the Platform (including any accounts) at any time, for any reason or no reason, and without notice, at our sole discretion. This includes, but is not limited to, situations where we believe you have violated these Terms, provided false information, engaged in fraudulent or abusive activity, or if your account has been inactive for an extended period. In the case of Facilities, we may also suspend or remove listings that we believe contain misleading information or that reflect poorly on the Platform's integrity. We shall not be liable to you or any third party for any termination of your access to the Platform. If we terminate your account due to a violation of these Terms or illegal conduct, you will not be entitled to any refund of fees paid. Sections of these Terms that by their nature should survive termination (such as disclaimers of liability, indemnities, and dispute resolution provisions) will survive any termination.

5. Fees, Payment, and Subscription Terms

• Fees for Certain Services: While basic search and browsing features of Next Chapter Living are free for Consumers, Facilities are required to pay fees to access features of the Platform, such as creating or maintaining a listing and accessing consumer inquiries. Any fees for Facilities’ use of our Platform (e.g., subscription fees or advertising fees) will be presented at the time of signup or in a separate services agreement. All fees are quoted in U.S. Dollars and are nonrefundable, except as expressly stated otherwise in writing. Next Chapter Living, in its sole discretion, may change its fee structure or introduce new charges for aspects of the Service; however, we will provide advance notice of any material changes to fees or pricing by posting updates on our site or contacting affected users. If you do not agree to a fee change, you may terminate your subscription before the new fees take effect, otherwise the new fees will apply at the start of the next billing cycle.
• Subscription Services: Facility listings on Next Chapter Living operate on a subscription basis (“Subscription Service”). By enrolling as a Facility (Advertiser) on a subscription plan, youagree to recurring billing and authorize Next Chapter Living (through our third-party payment processor) to charge your provided payment method the applicableperiodic subscription fees (e.g., monthly or annually) automatically until you cancel. Subscription Renewal: Your subscription will auto-renew at the end of each billing period for successive periods unless you cancel prior to the renewal date. The renewal will be at the then-current rate (which we will notify you of in advance if it changes). Cancellation: You may cancel your subscription at any time through your account settings or by contacting us; however,cancellations will take effect at the end of the then-current billing period. This means if you cancel mid-term, your listing may remain active until the period ends, but you will not receive a refund for the remaining period. To avoid being charged for the next period, you must cancel before the subscription renews. We reserve the right to terminate or not renew a Facility’s subscription if you breach these Terms or for any reason in our discretion; in such case, you will be notified and your listing may be removed.
• Stripe Payment Processing: Payment processing for subscription fees is handled by a third-party payment processor (such as Stripe, Inc.). When you provide payment information (like a credit card) to subscribe, you authorize Next Chapter Living and our payment processor to charge your card for all fees due.You represent that you are authorized to use the payment method you provide and that all payment information is accurate. You also authorize Next Chapter Living to provide your payment details to Stripe (or any alternate processor we use) for the purpose of completing transactions. Please note that processing of payments is subject to the terms, conditions, and privacy policies of Stripe or the applicable processor, in addition to these Terms. Next Chapter Living is not responsible for errors or security breaches by the payment processor, though we will make reasonable efforts to address any issues within our control. We do not store your full financial account information on our servers; such information is stored by the third-party processor.
• Payment Issues: If a payment fails or if your account becomes past due, we may attempt to recharge the payment method or ask you to provide a new payment method. If we cannot process payment successfully, we reserve the right to suspend or terminate your subscription and your Facility listing’s visibility on the Platform until payment is resolved. You are responsible for any applicable taxes or government charges imposed on your subscription fees (except taxes based on our income). In the event of any refund or credit that we, in our discretion, issue (for example, due to a promotional guarantee or error on our part), such refund will be limited to the amount you paid for the most recent billing period, unless otherwise required by law.
• Changes to Subscription or Fees: We reserve the right to modify subscription offerings, introduce new plans, or change the price of subscriptions. If we change the subscription fee for which you are enrolled, we will give you advance notice of the change (for example, by email or a notice on our Platform) and the change will apply after the end of your current billing period. If you do not agree to a fee increase, you may cancel the subscription before the new rate takes effect. Continued use of the subscription service after the price change constitutes acceptance of the new pricing. All fees and charges are non-refundable, including upon termination or cancellation, except where required by law or explicitly stated otherwise in writing.

6. Privacy and Data Use

• Personal Information and Privacy Policy: Next Chapter Living takes your privacy seriously. We collect and use personal information (such as your name, email address, phone number, and any other contact details you provide) in order to provide our services and facilitate connections between Consumers and Facilities. We do not collect sensitive health or medical information about you; please do not include personal health information in any forms or messages on our Platform. Our collection and use of personal data is governed by our Privacy Policy, which is hereby incorporated into these Terms by reference. By using the Platform, you acknowledge that you have read our Privacy Policy and consent to the handling of your information as described therein. This includes, for example, how we collect, store, and disclose your information. If you do not agree with our data practices, do not use the Platform or submit personal information.
• No Sale of Personal Info: We value the trust you place in us.Next Chapter Living will not sell your personal contact information to third partiesfor their own marketing purposes. In particular, we do not sell or share your personal details with any Facility unless you choose to engage with that Facility. Your privacy is important: any personal information you provide on our Platform isvisible only to you and the specific parties you intend (for example, the Facility you message or request information from). We do not broadcast your information to all Facilities or allow random access to your contact details. Our role is to facilitate direct communicationonly when you initiate it with a given Facility.
• Consent to Communication: By filling out a contact form, sending a message through our Platform, or otherwise expressing interest in a Facility,you consent to our sharing of your contact details with that specific Facility so that they can respond to your inquiry. You also consent that the Facility (and/or its representatives or affiliates) may contact you via the contact information you provided (such as phone or email) for the purpose of responding to your request or providing information about their services. For example, if you request a tour or information from a particular senior community, we will provide the contact details you gave us to that community so they can reach out to you. We will not share your personal inquiry details with facilities you did not select or request.
• Communications from Next Chapter Living: In addition, by creating an account or providing your email/phone, you consent to receive administrative communications from Next Chapter Living. This may include account confirmations, customer service messages, updates about new Platform features, or notifications related to your use of the services. Certain transactional or administrative emails/texts are necessary for the Platform’s functioning and you may not be able to opt out of them except by deleting your account.
• Data for Facilities: If you are a Facility user, you agree that any Consumer data you receive through the Platform (for example, the name, email, or phone number of someone who contacts you) will be used by you solely for the purpose of responding to that person’s inquiry and providing your senior living services. You must protect any personal data received and not use it for unauthorized purposes (such as unsolicited marketing unrelated to that inquiry), and you must handle it in accordance with applicable privacy laws. Facilities should also maintain their own privacy practices for any data they collect directly from Consumers after contact.
• Analytics and Cookies: Next Chapter Living may use third-party analytics tools (like Google Analytics) and advertising partners which employ cookies or similar technologies. These tools help us understand usage of our Platform and improve our services. For details on these practices, please review our Privacy Policy and Cookies Policy (if available). By using our Platform, you acknowledge that such third-party tools are utilized and may collect certain information about your device or browsing activities. We are not responsible for the acts or omissions of these third-party services, but we aim to contract with reputable providers. You can control cookies through your browser settings and opt-out mechanisms as described in our Privacy Policy.

7. Third-Party Services and Links

• Third-Party Content and Links: The Platform may include references or links (hyperlinks) to third party websites or services that are not owned or controlled by Next Chapter Living (“External Sites”). For example, Facility profiles may contain links to the Facility’s own website, or our resources pages might link to third-party informational sites. Additionally, we may display advertisements or promotions for third-party products or services (including those of Participating Facilities) on our Platform. These External Sites and services are not under our control, and Next Chapter Living is not responsible for the content, products, services, or information provided by any third parties. We do not guarantee the accuracy, quality, or completeness of information on third-party sites, and you access such sites at your own risk. Any link to an External Site is provided for convenience and informational purposes only, and it does not imply any endorsement by Next Chapter Living of the External Site or its content.
• Third-Party Advertising and Promotions: Next Chapter Living may run advertisements or promotions from third parties on the Platform. Your business dealings or correspondence with any third-party advertisers beyond our Platform (including Facilities), and any terms, conditions, or representations associated with such dealings, are solely between you and that third party. Next Chapter Living does not assume liability for any issues arising from your interactions with advertisers or sponsors on our Platform. If you click on any advertisement or engage with a third-party promotion, you do so at your own risk and should review the terms and policies of that third party.
• Third-Party Tools (Analytics & Payment): As noted, we use third-party service providers to support our services (e.g., payment processors like Stripe, analytics providers, email service providers). While using our Platform, you may also be using the services of one or more third parties, such as your web browser or mobile operating system. Next Chapter Living has no control over third-party tools and therefore assumes no responsibility for their performance or compliance. You agree that any claims you may have arising from your interactions with third-party services (including Stripe or others) shall be brought directly against those third parties, not against Next Chapter Living, and subject to those third parties’ terms of use and privacy policies.
• Independent Judgment: You should exercise independent judgment when evaluating any third-party content or offer found through our Platform.We make no guarantees and disclaim all liabilities for third-party offerings, and we encourage you to investigate and understand any third-party services before engaging with them.

8. Intellectual Property and Site Content

• Our Content: The Next Chapter Living Platform, including its design, text, graphics, logos, button icons, images, software, and other content (“Site Content”), is the property of Next Chapter Living or our licensors and is protected by copyright, trademark, and other intellectual property laws. Next Chapter Living™ and our logos, slogans, and trade dress are trademarks or service marks owned by us (collectively, the “Marks”). You are not granted any license or right to use any of our Marks without our prior written permission. You may not copy, reproduce, modify, distribute, create derivative works of, publicly display, or commercially exploit any Site Content or Marks, except as expressly allowed by these Terms or with our written consent.
• Limited License to You: Next Chapter Living grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and Site Content for your personal (or internal business) use in seeking or offering senior living services, in accordance with these Terms. This license does not allow you to resell our services, scrape or exploit our database, or make any derivative use of our Platform. We reserve all rights not expressly granted to you in these Terms.Any unauthorized use of the Platform or Site Content terminates the license granted by Next Chapter Living.
• Feedback: If you choose to provide feedback, suggestions, or ideas to us (collectively, “Feedback”), you agree that such Feedback is not confidential and that we are free to use it without restriction or compensation to you. Feedback is considered a type of User Content and is licensed to us on the same terms described in Section 4 for User Content.
• Third-Party Intellectual Property: We respect the intellectual property rights of others and expect our users to do the same. You may not upload or post any content on the Platform that infringes any third party’s copyright, trademark, or other proprietary rights. If you believe that any content on our Platform infringes your copyright or other rights, please notify us. We reserve the right to remove content in response to properly submitted notices and to terminate accounts of repeat infringers.

9. Disclaimers of Warranty

• “As-Is” Provision: The Next Chapter Living Platform and all information and services are provided “AS IS” and “AS AVAILABLE”. To the fullest extent permitted by law, Next Chapter Living disclaims all warranties, express or implied, regarding the Platform and any aspect of your use of it. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not guarantee that the Platform will meet your expectations or requirements, or that the operation of the Platform will be uninterrupted, timely, secure, or error-free.
• Information Accuracy: Next Chapter Livingdoes not warrant the accuracy, completeness, or reliability of any content obtained through the Platform, whether provided by us, a Facility, a user, or a third party. This includes all Facility listings, availability data, pricing, reviews, and any other information. Use of any information or content on the Platform isat your own risk. You acknowledge that any reliance on such information is your sole responsibility, and Next Chapter Living will not be liable for any errors or omissions in the content.
• No Warranty for Facilities or Services: Next Chapter Living makes no guarantees or assurances regarding any Facility or service provider you may find through our Platform. We do not warrant that any Facility will meet your expectations or needs, or that any care services will be suitable, safe, or satisfactory. Any transactions or relationships between you and any Facility are at your own risk, and those are outside of our control. We do not warrant that Facilities will honor their commitments or deliver services in a proper or timely manner.
• No Continuous Availability: We disclaim any warranty that the Platform, including any particular listing or content, will always be available. Facilities may fill their vacancies, change their pricing or offerings, or cease participating in our Platform at any time. Likewise, while we strive to maintain up-to-date availability information, we do not guarantee that any advertised unit or service will be available at the time you express interest.
• Technology Disclaimers: We make no warranty that our digital Platform is free from viruses, malware, or other harmful components, though we implement reasonable security measures. You are responsible for implementing appropriate safeguards on your own systems (like antivirus software) to satisfy your requirements for safety and reliability.
• Jurisdictional Note: Some jurisdictions do not allow the disclaimer of certain warranties, so some of the above disclaimers may not fully apply to you. In such cases, warranties are disclaimed to the fullest extent permitted by applicable law.

10. Limitation of Liability

• Indirect Damages:To the maximum extent permitted by law, Next Chapter Living and its affiliates, officers, employees, agents, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of (or inability to use) the Platform, or any interactions or dealings with any other user or Facility, whether under contract, tort (including negligence), strict liability, or any other theory. This disclaimer of liability includes, but is not limited to, damages for personal injuries, pain and suffering, emotional distress, lost profits, lost data, business interruption, or cost of substitute services, even if we have been advised of the possibility of such damages.
• Direct Damages Cap:In no event shall the total liability of Next Chapter Living (and its affiliates and agents) to you for all claims arising out of or relating to these Terms or your use of the Platform exceed the total amounts paid by you (if any) to Next Chapter Living in the twelve (12) months immediately preceding the claim, or one hundred U.S. dollars (USD $100), whichever is greater. If you have not paid Next Chapter Living any fees in that time period, our sole liability will be limited to $100. The existence of multiple claims will not enlarge this limit.
• Facility and Third-Party Actions: Next Chapter Living expressly disclaims any and all liability for any conduct, services, or content of any third party or Facility that is accessed through our Platform. This means we are not responsible for the actions, omissions, or negligence of any Facility, including any injuries, harms, or losses they may cause to you or your property. We are also not responsible for any disputes or conflicts between users (for example, between a Consumer and a Facility, or between two users of our forums). We act only as an intermediary to facilitate information and connections, and you agree that Next Chapter Living has no liability arising from the relationship between you and any third-party providers.
• No Liability for User Content: Next Chapter Living is not liable for content posted by other users, including any defamatory, offensive, or illegal conduct of other parties. Your sole remedy for dissatisfaction with another user’s content or behavior on the Platform is to report that content or user to us and/or to stop using the Platform.
• Basis of the Bargain: You acknowledge that Next Chapter Living has offered the Platform and entered into these Terms in reliance on the disclaimers of warranty and the limitations of liability set forth herein, which reflect an agreed allocation of risk between you and us. These limitations form an essential basis of the bargain between you and Next Chapter Living, and will survive and apply even if any limited remedy is found to have failed its essential purpose.
• Some Jurisdictions: Some states or countries do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the fullest extent permitted by law. This Section 10 will apply to you to the extent not prohibited by applicable law.

11. Indemnification

• Your Responsibility to Protect Us:You agree to defend, indemnify, and hold harmless Next Chapter Living and our affiliates, and each of our respective officers, directors, employees, agents, and representatives (“Indemnified Parties”), from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your use of the Platform or services; (ii) your breach or violation of these Terms or any applicable law;(iii) any User Content or information you submit, post, or transmit through the Platform (including claims that your content infringes or misappropriates the rights of any third party or violates law);(iv) any misconduct or negligence by you in using our Platform; or (v) any dispute or litigation between you and any third party (including any Facility) resulting from your use of the Platform. This indemnification obligation includes, without limitation,protecting the Indemnified Parties from all claims and expenses (such as legal fees) that arise from your actions.
• We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (at your expense), and you agree to cooperate with our defense of such claim. You agree not to settle any such matter without the prior written consent of Next Chapter Living. We will use reasonable efforts to notify you of any claim, action, or proceeding subject to your indemnification obligation upon becoming aware of it.

12. Dispute Resolution and Arbitration

• Please read this section carefully, as it affects your legal rights. It provides that most disputes between you and Next Chapter Living will be resolved through binding arbitration rather than in court, and you and we each waive the right to a jury trial and to participate in class actions.
• Agreement to Arbitrate:You and Next Chapter Living agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Platform (each a “Dispute”) shall be resolved exclusively through final and binding arbitration, rather than in court, except as provided under “Exceptions” below. This agreement to arbitrate is governed by the Federal Arbitration Act and evidences a transaction in interstate commerce. You and Next Chapter Living waive any right to a jury trial or to have the Dispute resolved in court in front of a judge or jury.
• Class Action Waiver:You and Next Chapter Living agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator shall not consolidate or join the claims of more than one party and shall not otherwise preside over any form of a representative or class proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You understand that by agreeing to this class action waiver, you may only pursue claims on an individual basis.
• Arbitration Procedures: The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (if applicable) or other applicable rules as mutually agreed by the parties. You may obtain information about AAA and its rules at www.adr.org. The arbitration shall take place in a mutually convenient location or, if the parties cannot agree, in a location determined by the arbitrator or AAA. If your claim does not exceed $10,000, we agree that you may choose to have the arbitration conducted by telephone or based solely on written submissions, if permitted by AAA rules. The arbitrator will have the authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement (except as explicitly provided below regarding the enforceability of the class action waiver). The arbitrator can award any relief that a court of competent jurisdiction could, including individual injunctive relief and attorneys’ fees if provided by law.
• Exceptions to Arbitration: Despite the above,either you or Next Chapter Living may elect to bring an individual claim in small claims court for disputes or claims within the scope of that court’s jurisdiction. This arbitration agreement also does not prevent either party from seeking equitable relief (such as an injunction) in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of a party’s intellectual property or proprietary rights.
• Opt-Out Right:You have the right to opt out of this arbitration agreement. If you do not wish to be bound by the arbitration and class-waiver provisions in this section, you must notify us in writing within 30 days of the date that you first accept these Terms (unless a longer period is required by applicable law). Your written notice must be emailed to support@nextchapterliving.com (with “Arbitration Opt-out” in the subject line). Your opt-out notice must include: (1) your name, (2) your account registration email (if any), and (3) a clear statement that you wish to opt out of this arbitration agreement.If you opt out of arbitration, the class action waiver above will not apply to you. Opting out of this arbitration agreement will not affect any other provisions of these Terms. If you do not opt out within the 30-day period, you and Next Chapter Living shall be bound by the arbitration agreement and class action waiver as stated above.
• Arbitration Finality: An arbitrator’s decision and award are final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Limited Court Review: By agreeing to binding arbitration, the parties are giving up the right to certain appellate rights that they might have in court.
• Costs of Arbitration: Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. We will reimburse your arbitration filing fee if your claim is for less than $10,000, unless the arbitrator finds your Dispute frivolous or brought in bad faith. Each party will bear its own attorneys’ fees and costs unless the arbitrator awards otherwise under applicable law or these Terms.
• Enforceability: If the class action waiver or any part of this arbitration agreement is found to be unenforceable for a particular claim or request for relief, then that claim or request for relief (and only that claim or request) shall be severed and resolved by a court, and the remaining arbitration terms shall be enforced. If an entire dispute is found not to be subject to arbitration, then the arbitration provisions shall not apply to that dispute.
• Survival: This Section 12 shall survive any termination of these Terms or your account, and it applies even if you opt out of the arbitration provision, as it governs the class waiver and forum for any disputes not arbitrated.

13. Governing Law and Jurisdiction

• Governing Law: These Terms and any dispute arising out of or relating to these Terms or the use of the Platform shall be governed by the laws of the State of Delaware, USA, without regard to its conflict of laws principles, except to the extent that the Federal Arbitration Act applies to the arbitration agreement in Section 12 (in which case that statute governs to the extent necessary). We choose Delaware law but our headquarters is located in Minnesota. If you reside outside the United States, you understand and agree that U.S. law will apply to your use of the Platform.
• Jurisdiction and Venue: Subject to the arbitration provisions above, you agree that any non-arbitrable disputes (for example, if you validly opt out of arbitration or seek to enforce an arbitration award or injunction) shall be resolved exclusively in the state or federal courts located in Delaware. You and Next Chapter Living consent to the personal jurisdiction of these courts and waive any objections on grounds of inconvenient forum or otherwise to the exercise of jurisdiction by those courts. Notwithstanding the foregoing, Next Chapter Living may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
• International Use: Next Chapter Living’s Platform is controlled and operated from the United States and is intended primarily for U.S. residents. We make no representation that the Platform is appropriate or available for use in locations outside the U.S. If you choose to access or use the Platform from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Facility accounts and listings are currently limited to U.S.-based facilities. While international users may browse our site, all contracts and services are performed in the U.S., and we do not guarantee the Platform’s compliance with any international laws or regulations (such as data protection or senior care regulations outside the U.S.). You agree not to use the Platform if it violates any law in your jurisdiction.

14. Miscellaneous Provisions

• Entire Agreement: These Terms (along with any other policies or documents expressly incorporated by reference, such as our Privacy Policy and any applicable Additional Terms for certain services) constitute the entire agreement between you and Next Chapter Living regarding the Platform, and supersede all prior and contemporaneous agreements, understandings, or representations, whether written or oral, relating to its subject matter. No oral or written information or advice given by Next Chapter Living, its representatives, or any third party will create any warranty or agreement not expressly stated in these Terms.
• Amendment and Waiver: Any failure by Next Chapter Living to enforce any provision of these Terms shall not be deemed a waiver of future enforcement of that or any other provision. Similarly, the waiver of any breach of any term of these Terms will not be construed as a waiver of any subsequent breach. To be effective, any waiver by Next Chapter Living must be in a written document expressly acknowledging the waiver.
• Severability: If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. It is the intent of the parties that the invalid or unenforceable provision be amended to achieve as closely as possible the economic, legal, and commercial objectives of the original provision.
• No Agency: No joint venture, partnership, employment, or agency relationship is created between you and Next Chapter Living as a result of these Terms or your use of the Platform. You do not have any authority of any kind to bind us in any respect whatsoever. We are independent contractors.
• Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. Next Chapter Living may freely assign these Terms (in whole or part) as part of a merger, acquisition, sale of assets, or by operation of law or otherwise. These Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.
• Third-Party Beneficiaries: These Terms are for the benefit of you and Next Chapter Living only, and except as expressly stated, they are not intended to confer any rights or benefits on any third party (except indemnified parties as stated in Section 1). No third party shall have any rights to enforce any provision of these Terms, except as explicitly set forth.
• Notices: Next Chapter Living may provide notices or communications to you via email, postal mail, postings within the Platform, or other reasonable means. You consent to receive communications from us in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. If you need to give us notice, you can do so by email to support@nextchapterliving.com.
• Headings: Section titles or headings in these Terms are for convenience only and have no legal or contractual effect.

15. Contact Us

If you have any questions, concerns, or feedback about these Terms or the Platform, please contact us at:

Next Chapter Living, LLC
Email: support@nextchapterliving.com

By using Next Chapter Living, you acknowledge that you have read, understood, and agree to these Terms and Conditions. Thank you for using Next Chapter Living to assist you in your senior living journey.